By determination of 10 August 2007, approval has been granted to a decision on the settlement of a dispute between TV Cabo and other cable distribution operators (Bragatel, Cabovisão, Pluricanal Leiria, Pluricanal Santarém and TVTEL) concerning prospecting practices of the latter towards customers of TV Cabo, as well as their action on infrastructure owned by TV Cabo to disconnect services provided by this company. This determination approved also the report of the prior hearing to which the corresponding draft decision was submitted, and which was adopted by determination of 24 May 2007, following a request by TV Cabo.
According to the approved final decision, TV Cabo’s request for dispute settlement was rejected, pursuant to point a) of paragraph 1 of article 11 of Law no. 5/2004, of 10 February (Electronic Communications Law), in view of the fact that such request does not concern compliance with the obligations arising from that Law, as facts involving a genuine dispute on the compliance with these obligations have not been claimed nor demonstrated.
ANACOM has also decided to recommend that TV Cabo and involved competing operators:
- Inform customers who wish to change operators of the need to comply with contractual clauses on contract termination, namely the form of and minimum advance allowed for the termination notice;
- Establish agreements on appropriate procedures for service disconnection and activation and dismantling of existing infrastructure, in order to prevent situations likely to affect the integrity of cable distribution networks, as well as to protect consumer interests.
Within three months, operators under consideration must inform ANACOM of steps taken to implement this recommendation and to render formal the agreement provided for. In the absence of agreement within this time limit, ANACOM must promote, under the law, the adoption of the appropriate regulatory measures to ensure the integrity of cable distribution networks, and the protection of consumer interests.
Consult:
- Dispute between TV Cabo and competing cable television distribution operators (decision) https://www.anacom.pt/render.jsp?contentId=513776
Related information on ANACOM's website:
- Dispute between TV Cabo and competing operators https://www.anacom.pt/render.jsp?contentId=491266
